THE GUARDIANSHIP OF BREONAH E.K.A.

MATTER OF THE GUARDIANSHIP OF BREONAH E.K.A., (101/06) — By decree entered December 28, 2006, the infant's maternal aunt was appointed as guardian of the property of the infant ("the guardian"). Pursuant to another decree of this court entered October 23, 2007 concerning a recovery for the wrongful death of the infant's mother, the guardian was directed to deposit the infant's share of the recovery into JP Morgan Chase Bank. It appears that the infant's funds were not deposited in accordance with the aforementioned court decree, but instead were deposited into an annuity account with Genworth Life of New York, that may have been purchased through JP Morgan Chase Bank. Despite numerous requests from court personnel, the guardian has failed to comply with the court decree and to file annual accounts. As it does not appear that any withdrawals were made from the account, the court will not appoint a guardian ad litem for the infant at this time; however, the court, sua sponte, suspends the letters of guardianship of the property that issued to the guardian (see SCPA 711 [8]; SCPA 719 [10]), unless, within 60 days of the date of this decision, which constitutes the order of the court, the guardian deposits the funds in the manner directed by the aforementioned decree of this court and files an account for the period from the date of her appointment to the date of this decision and order. If she does not deposit the funds in the manner previously directed and file her account, or contact the court indicating a reason why she cannot comply within the aforesaid 60 days, the court will then consider whether to appoint a guardian ad litem to institute any proceeding the guardian ad litem deems appropriate, including a proceeding to revoke the letters of guardianship of the property.

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MATTER OF THE GUARDIANSHIP OF BREONAH E.K.A., (101/06) — By decree entered December 28, 2006, the infant’s maternal aunt was appointed as guardian of the property of the infant (“the guardian”). Pursuant to another decree of this court entered October 23, 2007 concerning a recovery for the wrongful death of the infant’s mother, the guardian was directed to deposit the infant’s share of the recovery into JP Morgan Chase Bank. It appears that the infant’s funds were not deposited in accordance with the aforementioned court decree, but instead were deposited into an annuity account with Genworth Life of New York, that may have been purchased through JP Morgan Chase Bank. Despite numerous requests from court personnel, the guardian has failed to comply with the court decree and to file annual accounts. As it does not appear that any withdrawals were made from the account, the court will not appoint a guardian ad litem for the infant at this time; however, the court, sua sponte, suspends the letters of guardianship of the property that issued to the guardian (see SCPA 711 [8]; SCPA 719 [10]), unless, within 60 days of the date of this decision, which constitutes the order of the court, the guardian deposits the funds in the manner directed by the aforementioned decree of this court and files an account for the period from the date of her appointment to the date of this decision and order. If she does not deposit the funds in the manner previously directed and file her account, or contact the court indicating a reason why she cannot comply within the aforesaid 60 days, the court will then consider whether to appoint a guardian ad litem to institute any proceeding the guardian ad litem deems appropriate, including a proceeding to revoke the letters of guardianship of the property.

THE GUARDIANSHIP OF BREONAH E.K.A.

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